SAGINAW, MI — Saginaw City Hall has one more chance to
reverse a $1 million judgement against it: The U.S. Supreme Court.

In a March 26 opinion, judges for U.S. Court of Appeals for
the Sixth Circuit in Cincinnati declined to overturn a $1 million jury award to
former Saginaw Police Officer Danny McDole, who sued the Saginaw Police
Department after he said he was fired and discriminated against because of his
race.

Saginaw officials weren't available to comment on the result
of the appeal Wednesday and Saginaw Public Information Officer Debbie Buck said
there hasn't been a determination as to whether City Hall officials would
appeal the case to the nation's highest court.

Buck said the city's risk management firm, Alternative Service Concepts,
has the information related to legal costs arising from litigation in
McDole's trial and appeals.

She said more information would be available
after the city's Law and Legal Affairs Team meets to discuss McDole's case
and others next week.

"The crux of McDole's discrimination complaint alleges that
(Sgt. Anjanette "A.J." Tuer, the former head of internal affairs)... repeatedly
demonstrated racial bias against him," the background section of the Appeals Court opinion
reads.

The suit stems from an Oct. 14, 2005 incident that resulted in McDole's termination.

The city requested a new trial based on its belief that the
District Court committed errors by allowing certain evidence and testimony into trial for
the jury's review.

The March 26 opinion found in favor of the original court's rulings.

The following is background that is summarized in the legal
opinion based on testimony, court records and multiple investigations by the
state police and Tuer:

**CLARIFICATION: On the day this was published, The Saginaw News attempted to but could not reach McDole by phone. He has since stated that some of the information presented in the legal opinion about the background of the case as collected during investigations, depositions and trial, are false. The following items were presented as background of what arguments and information made or presented by all parties involved in the dispute. These are not statements of fact, but a summary of the various evidence, statements and testimony presented and included in the original trial as presented in the appellate court opinion.**

McDole said he had been driving to work when occupants of an
SUV "shouted racial epithets at him and threw two bottles at his vehicle."

One of the occupants appeared intoxicated and was "hanging
out of a window." McDole revealed his police uniform to the vehicle's
passengers, "which only escalated the situation."

The SUV cut McDole off and the officer exited his vehicle with
his weapon drawn. The SUV "sped off," but McDole and other officers
subsequently located the passengers and arrested the driver. Charges against
the driver and one passenger were later dismissed.

The driver of the SUV said he "tapped" the brakes when
McDole's vehicle followed too closely and the front-seat passenger threw a
water bottle at McDole's vehicle.

McDole "swore at them... pointed a gun at them" and "threatened
to kill them."

Later in the evening, McDole, with other officers, arrested
the driver and "more than one witness reported seeing McDole punch (the driver)
in the face and close the door (of a police vehicle) on (the driver's) legs."

Jail records reflected the driver had a chipped tooth and
split lip at booking.

An officer testified that they saw McDole "come to the
booking area," possibly to threaten the driver, and the passenger subsequently
received "threatening phone calls."

"In his deposition, McDole acknowledged that he left some of
those messages" and the opinion says McDole admitted to leaving one threatening
message in which he said, "Hey, I'm stallin' for you (expletive), I'm still
here, I'm still here. I'm gonna get you (expletive), I promise I will get your
(expletive) you (expletive)."

An internal investigation began on Dec. 19, 2005. Tuer
placed McDole on administrative leave and directed him to seek a psychological
examination because he was an "angry black male," McDole claimed in his
lawsuit.

A psychologist evaluated McDole on Jan. 3 and 6, 2006, and
determined he suffered Post-Traumatic Stress Disorder, "mild severity," and
could likely return to duty after "a brief course of therapy."

Several city officials, including Tuer and Saginaw Police
Chief Gerald H. Cliff, held a conference at the conclusion of the state police
and Internal Affairs investigations, during which they decided to terminate
McDole.

The city terminated McDole on Feb. 10, 2006, based on the
findings in the internal investigation.

An arbitrator upheld the termination a year later and said
the city made the decision with "just cause."

McDole made various allegations against Ture that appeared in the Appeals Court opinion. McDole claimed that Tuer "demanded that his 'black ass'
contribute to a holiday party," made remarks about how a book from Oprah's Book
Club that she read "resonated with her;" how, "despite his potential," McDole "would never
advance in the police department" because of his race; on one occasion told him to "shut his black ass up" and told McDole that the only white
women who date black men are overweight and "trash."